TN RESIDENTIAL PROPERTY CONDITION DISCLOSURE
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Property Address:
Buyer Name(s):
Seller Name(s):
Buyers' and Sellers' Rights and Obligations under the Tennessee Residential Property Disclosure Act:
The Tennessee Residential Property Disclosure Act requires sellers of residential real property with one to four dwelling units to
furnish to a buyer one of the following: (1) a residential property disclosure statement (the "Disclosure") [this form], or (2) a
residential property disclaimer statement (permitted only where the buyer waives the required Disclosure). Some property transfers
may be exempt from this requirement. The following is a summary of the buyers' and sellers' rights and obligations under the Act.
A complete copy of the Act (TCA Title 66, Chapter 5, Part 2) may be found at: http://tn.gov/commerce/boards/trec
1. Sellers must disclose all known material defects, and must answer the questions on this Disclosure form in good faith to the
best of the seller's knowledge as of the Disclosure date.
2. Sellers must give the buyers the Disclosure form (or disclaimer statement) before the acceptance of a purchase contract.
3. Sellers must inform the buyers, at or before closing, of any inaccuracies or material changes in the condition that have occurred
since the time of the initial Disclosure, or certify that there are no changes.
4. Sellers may give the buyers a report or opinion prepared by a professional inspector or other expert(s), or certain information provided
by a public agency, in lieu of responding to some or all of the questions on the Disclosure form.
5. Sellers are not required to have a home inspection or other investigation in order to complete the Disclosure form.
6. Sellers are not required to repair any defects listed on the Disclosure form, or on any inspection report, unless agreed to in the
purchase contract or a contract amendment.
7. Sellers involved in the first sale of a dwelling must disclose the amount of any impact fees or adequate facility taxes paid.
8. Sellers are not required to disclose if any occupant was HIV- positive, or had any other disease not likely to be transmitted by
occupying a home, or whether the home was the site of a homicide, suicide or felony , or other act or occurrence which had
no effect on the physical structure of the property.
9. Sellers may provide an "as is", "no representations or warranties" disclaimer statement in lieu of the Disclosure form only if t he
buyer waives the right to the required Disclosure, otherwise the sellers must provide the completed Disclosure form.
10. Sellers may be exempt from having to complete the Disclosure form in certain limited circumstances (for example - public
auctions, court orders, some foreclosures and bankruptcies, new construction with written warranty, or owner has not resided
on the property at any time within prior 3 years). [see § 66-5-209 for complete list of exemptions]
11. Buyers are advised to include home, wood infestation, well, water sources, septic system, lead baded paint, radon, mold, and
other appropriate inspection contingencies in the purchase contract, as this form is not a warranty of any kind by the seller, and
is not a substitute for any warranties or professional inspections the buyer may desire to purchase.
12. Buyers should negotiate the repairs of any disclosed defects by addressing them in the purchase contract (see #6).
13. Buyers may, but do not have to, waive their right to receive the Disclosure form from the sellers if the sellers provide an "as is",
"no representations or warranties" disclaimer statement.
14. Remedies for a seller’s misrepresentation or nondisclosure on a Disclosure form may be available to buyer, including the
possibility of terminating the contract. [§ 66-5-208] Buyer should consult with an attorney regarding any such matters.
15. Representations in the Disclosure form are those of the sellers only, and not of any real estate licensee, altho ugh licensees are
required to disclose to all parties adverse facts of which the licensee has actual knowledge or notice.
16. For newly constructed residences on a septic system, sellers are prohibited from knowingly advertising or marketing a home as
having more bedrooms than are permitted by the subsurface sewage disposal system permit. [§ 47-18-104(b)]
17. Sellers must disclose the presence of any known exterior injection well and the results of any known percolation tests or soil
absorption rate performed on the property that is determined or accepted by the Dept of Environment & Conservation.
18. For condominiums, buyers are entitled, upon request, to receive information regarding the condominium administration.
The buyers and sellers involved in the current or prospective real estate transaction for the property listed above acknowledge that
they were informed of their rights and obligations regarding TN Residential Property Disclosures, and that this information was
provided by the real estate licensee(s) prior to the completion or reviewing of this Property Condition Disclosure. Buyers and
sellers also acknowledge that they were advised to seek the advice of an attorney on any legal questions they may have regarding
this information, or prior to taking any legal actions. Buyers and sellers acknowledge receipt of a copy of this Disclosure.
The Tennessee Residential Property Disclosure Act states that anyone transferring title to residential real property must provide
information about the condition of the property. This com pleted fo rm co nstitutes th at d isclosure b y th e seller. This is not a
warranty, or a substitute for any professional inspections or warranties that the purchasers may wish to obtain.
Buyers and sellers should be aware that any sales agreement executed between the parties will supersede this form as to any
obligations on the part of the seller to repair items identified below and/or the obligation of the buyer to accept such items
“as is.” Parties may wish to obtain professional advice and/or inspections of the property and to negotiate appropriate provisions in
the purchase agreement regarding advice, inspections or defects.
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INSTRUCTIONS TO THE SELLER
Complete this form yourself and answer each question to the best of your knowledge. If an answer is an estimate, clearly label it
as such. Explain any YES answers and describe the nature and extent of any defects or repairs. If more space is needed, attach
additional sheets. You may also attach any documents pertaining to repairs or corrections. The Seller hereby authorizes any real
estate licensee involved in this transaction to provide a copy of this statement to any person or entity in connection with any actual
or anticipated sale of the subject property.
1. Property age: _______________
2. Date seller acquired the property: ______________
Seller occupies property
Seller does not occupy property
3. Does seller currently occupy the property?
4. If not currently seller-occupied, how long has it been since the seller did occupy the property, if ever?
5. The property is a
site-built home
non-site-built home (e.g. - modular, manufactured, mobile)
6. Roof type (e.g. - composition asphalt shingle, wood, metal, tile): ________________________ Approx. age of roof:
7. Is there a Homeowners Association (HOA) which has any authority over the subject property?
Yes
No
Name & address of HOA:
Monthly Dues: _________ Transfer Fees: _________ Special Assessments:
A. The property includes the items checked below:
Range
Oven
Microwave
Dishwasher
Garbage Disposal
Trash Compactor
Water Softener
220 Volt Wiring
Washer/Dryer Hookups
Window Screens
Fireplace (How many? _____)
Gas Starter for Fireplace
Gas Fireplace Logs
Spa/Whirlpool Tub
Hot Tub
Sauna
All Landscaping and Outdoor Lighting
Patio/Decking/Gazebo
Irrigation System
Installed Outdoor Cooking Grill
Pool
In-ground
Above-ground
Rain Gutters
Sump Pump
Central Vacuum System and attachments
A key to all exterior doors
Intercom
Central Heating
Age: __________
Electric
Gas
Central Air Conditioning Age: __________
Electric
Gas
Water Heater
Age: __________
Electric
Gas
Water Supply
City Water
Private Well
Shared Well
Sewage Disposal
City Sewer
Septic Tank
STEP System
Gas Supply
Utility
Bottled Gas or Private LP Tank
Other items included:
Access to Public Streets
Current Termite Contract
TV Antenna/Satellite Dish
excluding components
Burglar Alarm/Security System
including components and controls
Smoke Detector/Fire Alarm
Garage
Attached Not Attached
Garage Door Opener(s) and remotes.
How many remotes?______
Carport
Wall/Window Air Conditioning
Heat Pump (Approx. age: _______)
Other:
Other:
Other (solar, geothermal, tankless, etc):
Other:
Other:
Other:
To the best of seller’s knowledge, are any in Part A above NOT in operating condition:
If YES, then describe:
YES
NO
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B. Is Seller AWARE of any defects or malfunctions in any of the following?
Yes
No
N/A
Interior Walls
Ceilings
Floors
Windows
Doors
Insulation
Plumbing
Sewer/Septic
Electrical System
Exterior Walls
Roof
Basement
Foundation
Slab
Driveway
Sidewalks
Central Heating
Heat Pump
Central Air Conditioning
Yes
No
N/A
If any of the above in Part B are marked YES, please explain:
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__________________________________________________________________________________________________________________
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Please describe any repairs made by you or any previous owners of which you are aware (attach separate sheets if necessary):
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C. Is Seller AWARE of any of the following:
YES NO N/A
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1. Substances, materials or products which may be environmental hazards such as, but not limited to: asbestos,
radon gas, lead-based paint, fuel or chemical storage tanks, methamphetamine, contaminated soil or water,
and/or known existing or past mold presence on the subject property?
2. Features shared in common with adjoining land owners with joint rights and obligations for use and maintenance
(e.g. - driveways, private roads, walls, fences, wells, septic systems, etc)?
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3. Any authorized changes in roads, drainage or utilities affecting the property, or contiguous to the property?
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4. Any changes since the most recent survey of the property was done? (Most recent survey of property: _______)
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5. Any encroachments, easements, or similar items that may affect your ownership interest in the property?
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6. Room additions, structural modifications or other alterations or repairs made without necessary permits?
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7. Room additions, structural modifications, other alterations or repairs not in compliance with building codes?
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8. Landfill (compacted or otherwise) on the property or any portion thereof?
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9. Any settling from any cause, or slippage, sliding or other soil problems?
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10. Flooding, drainage or grading problems?
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11. Any requirement that flood insurance be maintained on the property?
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12. Any of the property located in a designated flood hazard area?
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13. Any past or present interior water intrusions(s), standing water within foundation and/or basement?
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14. Property or structural damage from fire, earthquake, floods, landslides, tremors, wind, storm, or wood
destroying organisms (such as termites, mold, etc.)?
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15. Any zoning violations, nonconforming uses and/or violations of “setback” requirements?
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16. Neighborhood noise problems or other nuisances?
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17. Subdivision and/or deed restrictions or obligations?
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18. Any “common area” (pools, tennis courts, walkways, etc), co-owned in undivided interest with others?
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19. Any notices of abatement or citations against the property?
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20. Any lawsuit(s) or proposed lawsuit(s) by or against the seller which affects or will affect the property?
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21. Any system, equipment or part of the property that is being leased? (e.g. security system, water softener,
satellite dish, etc.) Lease payoffs or assumptions should be addressed in the purchase contract.
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22. Any exterior wall covered with exterior insulation and finish systems (EIFS, or synthetic stucco)?
If yes, has there been a recent inspection to determine whether the structure has excessive moisture
accumulation and/or moisture related damage? [explain below] (The Tennessee Real Estate Commission
urges any buyer or seller who encounters this product to have a qualified professional inspect the property)
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23. Any finished rooms that are not supplied with heating and air conditioning?
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24. Any septic tank or other private disposal system that does not have adequate capacity and approved design
to comply with present state and local requirements for the actual land area and number of bedrooms?
If residence is on a septic system, the septic system is legally permitted for _______ number of bedrooms.
25. The property is affected by covenants, conditions, restrictions (CCR’s), or Home Owner Association by-laws
requiring approval for changes, use, or alterations to the property?
26. The property is in an historical district or has been declared historical by a governmental authority and
permission must be obtained before certain improvements or aesthetic changes to the property are made?
If any of the above in Part C are marked YES, please explain:
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Seller certifies that this information is true and correct to the best of seller’s knowledge as of the date signed.
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X________________________________________________ X____________________________________________________
Seller Signature
Date & Time
Seller Signature
Date & Time
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Buyer understands that this Disclosure is not intended as a substitute for any inspection, and that buyer has a responsibility
to pay diligent attention to and inquire about defects which are evident by careful observation. Buyer acknowledges receipt
of a copy of this Disclosure.
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X________________________________________________ X____________________________________________________
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Buyer Signature
Date & Time
Buyer Signature
Date & Time
NOTE: Seller must give buyer a Final Property Condition Disclosure (separate form) at or before closing to disclose any material
changes that may have occurred, or to certify that there were no changes since the time of this Disclosure.
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